Fed. Circ. Skeptical Of Due Process Claim In TQ Delta IP Row

Law360 (July 12, 2019, 8:53 PM EDT) -- TQ Delta faced stiff resistance Friday from a Federal Circuit panel to its argument that the Patent Trial and Appeal Board violated its due process rights by adopting a theory the company says was never raised during review.

TQ Delta LLC attorney David Z. Petty said the board relied on a combination of references not asserted by rival Dish Networks LLC, which TQ Delta says it never had an opportunity to respond to during the PTAB proceedings. The McAndrews Held & Malloy Ltd. attorney told a three-judge panel that the board "slopped" it onto his client for the first time in...

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